I am currently on a L1-A visa working for Company A. Parallel, I would like to startup my own business. Is this possible?I am working for a Company A. But I have a very cool business idea (not related to my current job). And I would like to pursue this opportunity myself. However I am still on contract and cannot leave my current employer without losing money etc. I am an European national and I am on a L1-A visa. I do not want lose time and would like to start up my business now. I do not want to quit my job now with Company A until my business is running securely. Can I work for 2 companies when both companies are in the US? Or can I have my own company in Europe while residing on L1-Visa of Company A and work for my own company parallel to my current job? I would like to pursue an Internet startup while working for Company A. How can I do this? Thanks for answering my questions. Attorney answers (2)
I hear this question a lot - a real testament to the entrepreneurial spirit of the people coming to the U.S.
Thing is, the answers get complicated and the best bet is to speak with a lawyer to figure out your options. I can provide a few general principals. We don't necessarily make it easy for people to start up new companies here unless they are willing to "bet the farm" and give up the day job. Not many have that kind of money. You can passively invest money, as you would in stocks, but to do any productive work for the benefit of the new entity requires a visa permitting that work. Just about anything you would do to promote the company, provide managerial direction or guidance, etc. would be considered work - just not taking a salary doesn't change this. There are the E-1/E-2 treaty trader/treaty investor visas, which require a decent investment and wouldn't let you keep working at your current employer (plus, your home country has to have a treaty in place with the U.S. for these - since you are from Europe, probably not a problem). But overall, this doesn't help. In fact, since you can't have two separate visas at a time, and your L-1A limits you to a specific type of work for the L-1A employer. Close to anything you would do here would violate the terms of the L-1A You ask about incorporating the company abroad and doing work for it here; not sure this helps you. There are a few things that an employee of an overseas company can come here briefly to do for the employer abroad without needing a visa authorizing employment (basically, using a visitor visa): attend meetings or conferences, negotiate contracts, even perform after-sales service pursuant to a contract the overseas company has with a U.S. company. But, you wouldn't be on a visitor visa, and aren't talking a bout a short visit. Here's one thought: while you can't have two different visa types at the same type, there is a type of professional worker visa where you can have two of this visa at the same time ("concurrently"). You may be able to do your current job on this visa and get a separate one for your own company (both tricky propositions in their own right, but not impossible. Another: where is the current employer on petitioning for a green card for you? You may be eligible for a faster path to a green card than most, and before even getting it would be eligible for "open market" employment authorization that lets you work in any capacity, without worrying about violating the terms of the L. Speak to a lawyer about the possibilities - often there is a way to find solutions. Good luck!!
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It is true that you could not maintain two different non-immigrant statuses at the same time. Hence you are somewhat stuck unless you find an innovative solution.
One such solution would require you to incorporate and own the company 100%. They what you could possibly do is hire a US Citizen Manager to implement your idea in return for a percentage of the proceeds if the idea becomes successful. This will allow you to jump start the process with your brain but using someone else’s hands?. This is really not immigration law advice, but I love entrepreneurship. Best of luck to you. You will need the representation of counsel to make certain that no one steels your ideas. Gus M. Shihab The Law Firm of SHIHAB & ASSOCIATES, CO., LPA Columbus, Oh| Cleveland, Oh| Southfield, MI| Washington, DC *** 877-479-4USA (4872) www.ShihabImmigrationFirm.com |